Page:China Civil Aviation Law 1995.pdf/68

 from the moment when it becomes detached from the surface until it becomes again attached thereto.

Article 158 The liability for compensation contemplated by Article 157 of this Law shall attach to the operator of the civil aircraft.

The term "operator" mentioned in the preceding paragraph means the person who was making use of the civil aircraft at the time the damage was caused. However, if the control of the navigation of the civil aircraft was retained by the person from whom the right to make use of the civil aircraft was derived, whether directly or indirectly, that person shall still be considered the operator.

The operator shall be considered to be making use of a civil aircraft when his servants or agents are using the civil aircraft in the course of their employment, whether or not within the scope of their authority.

The registered owner of the civil aircraft shall be presumed to be the operator and shall be liable as such unless, in the proceedings for the determination of his liability, he proves that some other person was the operator and, in so far as legal procedures permit, takes appropriate measures to make that other person a party in the proceedings.

Article 159 If a person makes use of a civil aircraft without the consent of the person entitled to its navigational control and caused a damage to third — 66 —